On November 3rd, 2020, American citizens will head to the polls to vote in the Presidential Election. Since Liberal Supreme Court Justice Ruth Bader Ginsberg sadly passed away in September, the Trump administration, as well as other important Republican figures, have been clamoring to get a right-leaning Justice confirmed to the Supreme Court before election day. September 26 marked the day that President Trump officially nominated Judge Amy Coney Barrett, a former Notre Dame law professor, to be the replacement to Ginsberg on the Court. If Barrett does get confirmed to the Court, Conservatives will now have a 6-3 majority, setting the precedent of Republican rule on the Court for decades to come. Although the Republicans are ecstatic about the opportunity to have a 6-3 majority, it will eventually reflect very badly on their party. The confirmation of Amy Coney Barrett will not only eliminate any doubts as to what way the court will rule on cases for the foreseeable future, but will ruin the Republican Party’s reputation as being a respected and trusted party due to the difference in their approach to this issue four years ago.
Ever since Trump announced he would nominate another Justice on the Supreme Court, the Democrats have known that they will now be in the minority on the Court. This is detrimental to the Democratic agenda, as many decisions will now sway to the right, and the Republicans will have most of the power on the Court. Nathan Robinson of The Guardian writes, “Barrett’s rulings on the seventh circuit court of appeals show her to be someone who cares little about justice, and who doesn’t particularly value the interests of workers, immigrants, and the poor.” Democrats believe that Barrett does not stand for equality, and there is reason to believe that statement. Barrett strongly opposes abortion, which is one of the reasons Trump, who has said he wants to nominate pro-life Supreme Court justices to help overrule Roe v. Wade, nominated Barrett. In addition, Barrett opposes the Affordable Care Act, also known as Obamacare. The act was the American healthcare system’s most significant regulatory overhaul and expansion of coverage since the passage of Medicare and Medicaid in 1965, something that the Democrats fought hard to achieve. Now, if Barrett does get confirmed, the Affordable Care Act, along with the decision made in Roe v. Wade to legalize abortion, will likely be overturned. This would be a huge blow to the Democrats, as many have expressed their dispassion for Barrett’s views and ideals.
The election of Amy Coney Barrett will not only be harmful to the Democratic Party but the Republican Party as well. In 2016, Republican jurist Antonin Scalia passed away, and on March 16th of that year, then-President Barack Obama nominated Judge Merrick Garland to succeed Scalia. This was 237 days before Election Day, however, Senate Majority Leader Mitch McConnell blocked the nomination, stating “The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president.” Republicans also cited the “Biden Rule”, which essentially states that once a political season is underway, action on a Supreme Court nomination must be put off until the election is over. However, the “Biden Rule” is not a law, it is just a concept, and therefore does not have to be followed. Nominating Amy Coney Barrett 38 days before the 2020 Presidential Election blatantly not only violates the “Biden Rule” that the Republicans used to their advantage in 2016, but completely contradicts McConnell’s earlier statements about the need for American people’s voices to be heard. Although not illegal, the contradiction of McConnell over a four year period will be detrimental to the Republican Party as the party will lose a lot of credibility with many Americans.
With such little time before the election, the nomination of Justice Barrett has been a topic of much contention between the parties. As of mid-October, it is seeming like there is nothing Democrats can do to halt her nomination. However, it is not only the Democrats who will see the consequences of confirming Barrett. Republicans will lose a lot of credibility with how they handled the situation, and the Democrats will be a minority on the Court for a long time barring an unexpected death on the Court. This is a lose-lose situation, and in a time of chaos like 2020, confirming Amy Coney Barrett will be a decision that haunts both parties for decades to come.
